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Proposed Companionship Exemption Regulation Comment Period Extended

At the request of Members of Congress and the public, the Wage and Hour Division of the U.S. Department of Labor (DOL) has extended by 14 days the comment period for its proposed rule that would lift the so-called companionship exemption for agency-employed, non-medical home care workers that provide companionship and other services for individuals who, because of age or infirmity, are unable to care for themselves.

Comments on the proposed rule must be received on or before March 12, 2012.

Why lift the companionship exemption?

Lifting the companionship exemption would entitle such workers to minimum wage and overtime protections under the Fair Labor Standards Act. The rule would not affect the exempt status of such workers if they are hired directly by the individual or the individual’s family or household.

In addition to lifting the exemption for workers hired by an agency, the rule would revise the definition of “domestic service employment” and “companionship services,” and would clarify the type of activities and duties that may be considered incidental to the provision of companionship services.

LeadingAge is currently analyzing the proposed rule and will be submitting comments.